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European E-commerce Law - Case Study Example

Alfred, a resident of England, has set up a small business selling computer software primarily for small businesses, which he writes himself. The business was established in 2006 and is called Alfsoft Ltd. Alfred wishes to sell software over the Internet. Alfred has successfully registered Alfsoft as a UK trade mark for computer software, and registers the domain name Alfsoft.com.
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Extract of sample "European E-commerce Law"

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The software costs 50, with a postage and packing charge of 5 if sent via DVD.
Brian lives in another EU country (not the UK). He goes to Alfred's website with the intention of downloading a copy of Alfred's latest computer program for use in his own small business. He clicks on a "Download Now" button, inputs his address and credit card details, and is presented with Alfred's contract terms as a 'Click Wrap' agreement. Brian scrolls down through the agreement without reading it, clicks an 'I accept' button at the bottom of the screen, and downloads the software. He then begins using it.
assy lives in the UK. She goes to Alfred's website with the intention of buying a copy of Alfred's latest computer program on DVD, for her own personal use. She clicks on an "Order Now" button, inputs her address and credit card details, clicks a button that says 'Submit', and places her order. When the software arrives on DVD five days later, Cassy puts the DVD into her computer and is presented with Alfred's contract terms as a 'Click Wrap' agreement. Cassy scrolls down through the agreement and notices the term "To the extent allowed by law, Alfsoft Ltd is not liable for the results of using this software". ... Cassy suffers an economic loss of 100, which is the cost of taking her computer to a local servicer to get the virus removed and Alfred's software uninstalled. Both Brian and Cassy contact Alfred, demanding to be compensated for the losses they have incurred. eanwhile, a few weeks after registering the domain name Alfsoft.com, Alfred receives a 'cease & desist' letter from lawyers representing a US software company, Alpha-Software LLC, who own the trade mark Alphasoft and registered the domain name Alphasoft.com in 2001. The letter alleges that Alfsoft.com is confusingly similar to Alphasoft.com and demands that Alfred transfer Alfsoft.com to Alpha-Software, otherwise they will take action to enforce a transfer of the domain name under the UDRP. Alfred approaches you for legal advice.Introduction Contracts have become ubiquitous in people's everyday lives. Unconsciously, they enter into different types of contractual agreements - when traveling by bus or rail, when purchasing goods and accepting services and in carrying duties regulated by contracts of employment. Contracts are so common and widespread that the ordinary man or woman in the street does not realise the legal intricacies and involvedness of a transaction they have entered into. As legal experts are aware, these transactions are not as lawfully simple as their everyday nature suggests. They require evidence of a consensus in item, or a meeting of the minds, achieved by a clear and unambiguous offer and an unqualified acceptance of that offer. Fortunately, society has developed special rules to allow people to determine what the exact terms of the contract are, when it was formed and where it is governed.The Internet is
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...E-commercelaw in European Union Term Introduction Although about 150 million EU citizens shop online yet only 30 million do it by crossing virtual boundaries. Between 2006 and 2008, the EU shoppers buying at the minimum one product from the virtual arena increased from 27% to 33% (up to 91% in the Nordic countries). Hardly 7% made cross-border online purchases. There are a number of reasons assigned for this comparatively low figure, which include language barriers besides some practical, governance or goodwill-related problems. Geographic division is another leading factor behind the slow growth of cross-border online shopping. To quote the report, most retailers "still seem to operate on the assumption that the internal market...

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Pp. 194)
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...CONTRACTS, TRADEMARKS AND EUROPEANE-COMMERCELAW Alfred, a resident of England, has set up a small business selling computer software primarily forsmall businesses, which he writes himself. The business was established in 2006 and is called Alfsoft Ltd. Alfred wishes to sell software over the Internet. Alfred has successfully registered Alfsoft as a UK trade mark for computer software, and registers the domain name Alfsoft.com.
lfred begins selling his software via his website, using an online ordering form. He sells his software both via direct download and, primarily for those with slower Internet connections, via DVD sent through the post. Alfred uses written standard terms of business which include a term “Alfsoft Ltd is not liable...

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For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

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This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...

A significant step to enhancing the employees’ right to information and consultation is the establishment of the European Works Council (EWC). The EWC Directive (94/45/EC) aims to improve cooperation in transnational companies and to allow trade unions to influence, at least indirectly, the decision-making of corporations (Lockwood and Williams). It requires community-scale undertakings and community-scale groups of undertaking to create this mechanism for regular consultation of the workforce. A ‘community-scale undertaking’ is one with at least 1,000 employees within the Member States and at least 150 employees in each of at least two Member States (Lewis and Sargeant).

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

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